City Planning Commission Meeting Summary - May 28, 2024

The New Orleans City Planning Commission (CPC) met on Tuesday, May 28, 2024, at 1:42 PM in Council Chambers to consider a full agenda of zoning dockets, property matters, and a series of Future Land Use Map (FLUM) amendments for Planning District 13 (Lower Coast Algiers). The meeting lasted into the evening, with votes on 14 separate items and multiple deferrals. Key themes included conditional uses for a car wash expansion, a reception facility, a grocery store, a bed and breakfast, and a text amendment for ice machines, as well as a comprehensive set of FLUM changes aimed at managing development in a rural area with limited infrastructure.

Consent Calendar

• The minutes of the May 14, 2024 meeting were not available and were deferred to the next meeting.
• Zoning Docket 050/24 (cultural facility at 917-919 North Tonti Street) was automatically deferred due to a temporary restraining order.

Public Comments & Testimony

• Zoning Docket 045/24 (Car Wash Expansion): Susan Johnson (2822 LePage Street) spoke in opposition, criticizing the demolition of historic residential structures and the use of a petition as a survey. She noted a meeting with former council member J. Bat in early 2023.
• Zoning Docket 047/24 (Grocery Store): Multiple speakers supported the project, including the applicant (David Fusele, Zach Kupperman, architect Ken Gollin, attorney Mike Sherman) who emphasized the need for a specialty grocer, community support, and design changes. Susan Johnson opposed, arguing the existing school building is historic and the grocery would be suburban. A professor of architecture submitted a letter against the design. Attorney Reagan Wilte and engineer Bob Mora spoke on behalf of Stanton Square, a multifamily development opposed to the FLUM change on related parcels.
• Zoning Docket 048/24 (Ice Machines): Applicant Zach Smith argued the machines are needed and should be allowed in more districts. Susan Johnson opposed, citing concerns about commercial encroachment in historic neighborhoods.
• Zoning Docket 049/24 (Bed and Breakfast): Applicant Sigrid Rouege spoke in favor, stating she already operates a short-term rental and has had few complaints. Several neighbors opposed: Dr. Shirley Divinity, Dr. Gail Thomas Baptiste (president of Real Timbers HOA), Clarence Cornelius, and Brian Washington, citing traffic, noise, and safety concerns. A survey of the neighborhood showed 98% opposition.
• FLUM Amendments (PD 1301-1314): Many residents of Lower Coast Algiers, led by Lee DuPont of the Lower Coast Algiers Association, spoke in favor of the semi-rural single-family FLUM designation, citing lack of infrastructure (sewer, water, paved roads) and the need to limit development density. They submitted a petition with 115 signatures. Katie Richter and others described the area as a "bowl" with poor drainage and flood risks. On PD 1306, 1313, and 1314, attorneys for Stanton Square and property owner Eric Gerrell opposed the FLUM changes, arguing they would violate the Fair Housing Act and deprive landowners of development rights. Gerrell stated he received no notice and wanted to keep his property's existing zoning (B1 and RS-1) for his own home and solar project.

Discussion Items

• Zoning Docket 045/24: Car Wash Expansion (5500-5528 Tchoupitoulas Street) – Staff recommended approval with three provisos, noting the expansion (six detailing spaces) would fill a vacant area after demolition of three historic houses. The commission voted 5-3 to approve with provisos.
• Zoning Docket 046/24: Reception Facility with Outdoor Live Entertainment (3667-3669 Tchoupitoulas Street) – Staff recommended approval. The applicant, Michael Grosh, stated events would be by appointment, mostly weekends, and that he obtained neighbor signatures. No opposition. The commission voted 3-5 against approval, so the item moves to the City Council without a recommendation.
• Zoning Docket 047/24: Grocery Store (2428 Napoleon Avenue) – Staff recommended denial because the demolition of the existing school building (listed on National Register) had not been approved by HDLC. The applicant argued the building is not historic and that the conditional use should be approved separately. After debate, the commission approved 8-0 with provisos, including removal of the subdivision proviso, a minimum of 75 parking spaces, and conditioning approval on HDLC demolition approval.
• Zoning Docket 048/24: Ice Storage Machines Text Amendment – Staff recommended modified approval, limiting the machines to C-3 and industrial districts. The applicant sought broader allowances. The commission voted 8-0 to approve the staff recommendation.
• Zoning Docket 049/24: Bed and Breakfast (2640 Wabash Street) – Staff recommended approval. After hearing neighbor opposition, the commission voted 8-0 to deny the application, citing concerns about neighborhood disruption.
• Property Disposition 002/24: Lease of N. Robertson Street – Deferred to June 25, 2024, pending NPP meeting and traffic impact analysis.
• Property Acquisition 003/24: Donation of Thalia Street – Approved 8-0.
• FLUM Amendments (Planning District 13): The commission heard 14 separate items. Staff recommended residential single-family post-war (SFP) for most, but the commission often voted for the semi-rural single-family (SR) designation as requested by the community. Notable decisions:
  • PD 1301 (Planned Development Area to SFP): Approved 8-0.
  • PD 1303 (Neighborhood Commercial to SR): Approved 7-0 (Commissioner Lund recused).
  • PD 1302 (Neighborhood Commercial & SFP to SR): Approved 8-0.
  • PD 1304 (Multi-Family to SR): Approved 8-0 after motion changed from staff recommendation.
  • PD 1305 (Multi-Family to SFP): Approved 8-0.
  • PD 1306 (Split FLUM to SR): Deferred for up to 3 months due to pending federal litigation over the IZD.
  • PD 1307 (Neighborhood Commercial to SR): Approved 8-0.
  • PD 1308 (Multiple FLUMs to SR): Approved 8-0.
  • PD 1309 (Multi-Family to SFP): Approved 8-0 (staff recommendation).
  • PD 1310 (Multi-Family to SFP): Approved 8-0 (staff recommendation).
  • PD 1311 (Multi-Family to SR): Approved 8-0.
  • PD 1312 (Split FLUM to SR): Approved 7-1 (Commissioner Jordan voted no).
  • PD 1313 (Multi-Family): Deferred for up to 3 months due to litigation.
  • PD 1314 (Multiple FLUMs to SR): Deferred for up to 3 months after the property owner, Eric Gerrell, stated he had no notice and wanted to discuss alternatives.

Key Outcomes

• Zoning Docket 045/24: Approved (5-3) with provisos for landscape and compliance with car wash standards.
• Zoning Docket 046/24: Denied by CPC (3-5), moves to City Council without recommendation.
• Zoning Docket 047/24: Approved (8-0) with provisos, including a minimum of 75 parking spaces and conditional on HDLC demolition approval.
• Zoning Docket 048/24: Approved (8-0) as modified by staff, limiting ice machines to high-intensity commercial and industrial districts.
• Zoning Docket 049/24: Denied (8-0).
• Property Disposition 002/24: Deferred to June 25, 2024.
• Property Acquisition 003/24: Approved (8-0).
• FLUM Amendments:
  • PD 1301, 1302, 1303, 1304, 1305, 1307, 1308, 1309, 1310, 1311, 1312: Approved with various designations (mostly semi-rural single-family).
  • PD 1306, 1313, 1314: Deferred for up to 3 months to allow legal review and community engagement.